IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit
FILED
September 12, 2008
No. 06-10181 Charles R. Fulbruge III
Conference Calendar Clerk
UNITED STATES OF AMERICA
Plaintiff-Appellee
v.
GUILLERMO RODRIGUEZ-FLORES, also known as Memo
Defendant-Appellant
Appeal from the United States District Court
for the Northern District of Texas
USDC No. 3:02-CR-378-2
ON REMAND FROM THE SUPREME COURT OF THE UNITED STATES
Before HIGGINBOTHAM, SMITH, and CLEMENT, Circuit Judges.
PER CURIAM:*
This court granted counsel’s motion to withdraw and dismissed the appeal
of Guillermo Rodriguez-Flores pursuant to Anders v. California.1 The Supreme
*
Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should
not be published and is not precedent except under the limited circumstances set forth
in 5TH CIR. R. 47.5.4.
1
386 U.S. 738 (1967). United States v. Rodriguez-Flores, 236 F. App’x 138
(2007).
No. 06-10181
Court vacated and remanded for further consideration in light of Gall v. United
States.2
We have reconsidered this matter in light of Gall. However, nothing in the
Supreme Court’s Gall decision requires us to change our prior opinion in this
case.3 Accordingly, we reinstate the prior opinion. Counsel’s motion for leave to
withdraw is GRANTED, counsel is excused from further responsibilities herein,
and the APPEAL is DISMISSED.
2
552 U.S. __, 128 S.Ct. 586 (2008).
3
See U.S. v. Rodriguez-Rodriguez, 530 F.3d 381, 385-89 (5th Cir. 2008).
2